The intelligencer. [volume] (Lexington, Mo.) 1887-1891, 1887-05-07
RAILWAY LEGISLATION.
A Circular Issued by the Mer-
chants and Manufa cturer5'
Association
of st. LouIs i'm Regard 10 tho Ad.
visabiIity OF Enacting n
Railroad Law.


Railroad Law.
AT meeting of the Manufacturers
Association, held in st. Louis, April 23.
il was ordered that copies of the re-
port of the committee, appointed at a
previous meeting, to draft resolutions
embodyiug the views of the associa-
ton on railroad legislation, be printed
aua sent to all members of the assOcia-
ton. The following are the resolu-
tons which were presented and unani
mously adopted:
Whereas, Railroads are public cor
porations, created by the state tor the
purpose o.! acting as common carriers
over her public highways, and,
Whereas, Chief Justice Waite, in an
opinion. delivered from the United
States supreme court bench has defined
The public right in property devoted to
public uses, as follows:
"Property does become clothed with
public interest when used in a man
ner to make it of public consequence
and affect the community at large,
when, therefore, one devotes his prop
erty to a use in which the public has
an interest, he in effect grants to
the public an interest in that use,
and must submit to be controlled by
the public for the common good to the
extent OF the interest he has thus
created. He may withdraw his grant
| by disseminating the use, but 80 long
as he maintains the use he must sub
nit to the control, and,
| Whereas, A special session Of the
| legislature of Missouri has ben called
to convene on May IL, for the purpose
of cnacting laws for the enforcement
of such provisions of the constitution
as relate TO railroads and railroad
traffic, and,
Whereas, Such laws, when enacted,
must affect materially the great
commercial interests OF our state and
city: be it
Resolved, By the Merchants and
Manufacturers Association, that it is
the policy of wisdom for all CONNER
cial bodies to give this great question
their serious consideration and close
attention, to afford our law max ers all
possible assistance by way of informa-
, tion and suggestion, to discourage and
discountenance all methods OF OBJ
struction, and to seek rather 10 direct
than to prevent Legislation
Resolved, That whi'' mischievous
legislation is to be avoided. the inter-
ests of our commerce can be much bet
ter served by good law than by no
S law.
, Resolved, That there is nothing in
n the condition affecting the actual cost
e OF transportation in Missouri, which
T. either justifies or explains the fact that
. freight rates in this state are much
: higher than in the state of Illinois
at the east, or the comparatively new
state of Kansas at the west, in both o.
which commonwealth regulative laws
have been in force for years with result
most satisfactory to the people.
Resolved, That when the owners Oi
n any railroad either established or pro
Y jected, represent that their enterpris
II would be "ruined" by q law whicl
IF would prevent them from charging un
l. reasonable rates, Or from charging ON
,e shipper higher rates than his neighbOr
,e they by inference acknowledge tha
70 their purpose is to practice both extOr
v ton and discrimination, in which even
J. their protests are unworthy of consid
ss Grafton.
" Resolved, That the history of ever,
lie state wherein railroad laws have bee
N in force for any considerable number {
Id years, shows conclusively that sue
laws have not interfered with th
ye building Of new roads, and shows to
v that although the prosperity of th
D. people can never be founded upon th
A. wreck of the carriers of commerce, n
IN state has found it advisable to abandO
s- such control when once established.
he Resolved, That we regard as fall
w cious the proposition that the interes
nd of st. Louis or any other metropol
az are dependent on advantages in tari
al over interior points of shipment; "
believe, on the contrary, that any shil
IN ping center can only thrive throug
a the prosperity of the country which
a feeds and which is tributary to it, al
,te that anything which tends to foster Il
". business and improve the general col
be dition of such tributary country is
ed far greater advantage to the great ce
~ trail market than any special discriM
n nation could be.
or Resolved, That railroad pOOlin
,at although all evil in itself, has not be-
an without great benefit to commerce,
r. that it has served to establish in
an measure that stability of rates viii
is is so essential to sound business conc
H. tions. But we also believe, that If
aw law should be passed which won
he hold railroads to strict adherence
in reasonable, advertised schedules, I
ar last necessity or justification for pOt
its ing would be removed.
IAN Resolved, That we deem it impra
tn ticable for the legislature to fix MAJ
by mum rates for freight traffic, whi
ent would serve the purpose during
ng the changing conditions of the t'
lcr years that elapse between sessions
m. that body; such rites must be 80 hi
that they would not be ruinOns to
nav railroads at time when trade was
an pressed, or when other cODditiC
ate warranting increased charges existe
ate and if made thus high, they would
IT, out of all reason at times when tra
: of was such as to vastly r,duce the Fl
nly portionate cost OF transportatit
SO. while not Objecting therefore to
,ow establishment of maximum rates,
in believe that some provision should
this made for a different standard OF wi
is reasonable, which standard can
,ad. changed with the variation in tr'
,ino conditions; we believe that such sta
the ard should not be absolute, but shO
il. allow the right of appeal, and sho
ling DE suDJect 10 correctioh Ut p'oo'
tino error.
the ResclVeu, mat whiio we uo hot
law sume 10 outiine compete Iheasure'
less nelieVe tnat such laws as may oe pas
nted should possess the features ne'
suggested. We recognize that
railroads of Missouri are her 81
arteries in fact, and that any un
lDo' pressure upon them or mischief
them would Immediately react
met yoaI,b W. hel;eve on the ol
day, hanI that IN nlace them in prc
rail- n"mtr,, nr res,rict;on and to nrey
'ion, any d;stort;on or abnormaIitv In ii
peo growtb ia to increase their mower
and S7'ond on1 sor,o a natr;ot;c end
fair, q & RAINwATr..
isia V.O. SAUNDERS,